Singh (Migration)

This matter concerned an appeal by Mr. Singh against the cancellation of his Student (Temporary) (Class TU) visa. The primary dispute revolved around whether Mr. Singh had breached condition 8202 of the Migration Regulations 1994, which mandates that a student visa holder must be enrolled in a full-time registered course. The Tribunal was required to determine if Mr. Singh had indeed failed to maintain such enrolment and, if so, whether the discretion to cancel his visa should be exercised.

The Tribunal considered whether Mr. Singh had complied with condition 8202(2)(a) of the Regulations, which requires enrolment in a full-time registered course. Evidence before the Tribunal indicated a significant period of non-enrolment, from June 2020 to March 2022, a duration of approximately one year and nine months. While Mr. Singh had completed some courses previously, his enrolment history was marked by cancellations due to non-commencement, non-payment, or unsatisfactory progress. The Tribunal found that this prolonged period of non-enrolment constituted a breach of condition 8202(2)(a).

Having established a breach, the Tribunal then considered its discretion to cancel the visa. Mr. Singh provided reasons for his non-enrolment, including difficulties with studies, the impact of COVID-19, a marriage breakdown, and a desire to contribute to the Australian community through work. He also submitted evidence of new enrolments in a Diploma and Advanced Diploma of Leadership and Management. However, the Tribunal weighed these submissions against the applicant's history of non-compliance and the purpose of a student visa. Ultimately, the Tribunal concluded that the circumstances warranted the cancellation of the visa and affirmed the delegate's decision.